LBTT guidance on the requirement for a LBTT return, or further LBTT return, in relation to later linked transactions.
Where a later linked transaction results in any of the following:
- the earlier transaction becomes notifiable (initial LBTT return)
- more tax is payable on the earlier transaction (further LBTT return)
- tax becomes payable on the earlier transaction when none was payable before (further return)
The buyer must file a LBTT return, or further LBTT return, not an amendment to the original return.
Returns are due within 30 days of the day after the effective date of the later linked transaction, known as the filing date (see LBTT1000).
For the 'relevant date' field of the LBTT return the effective date of the later linked transaction is the relevant date.
Any return must include an assessment of the amount of tax due. Calculate the tax due by using the tax rates and bands that applied at the effective date of the earlier transaction. Payment is due when submitting the return.
Guidance on How to make an LBTT return and pay tax is available separately on our website.
Amendments subject to certain restrictions on amending ‘About the return’, are allowable up to 12 months after the filing date see LBTT4006.
Penalties and Interest
A buyer who fails to make an LBTT return by the filing date is liable to a late-filing penalty (see RSTP3005).
If the return contains an inaccuracy, the buyer may be liable to an inaccuracy penalty (see RSTP3011).
A buyer who fails to pay tax before the expiry of 30 days after the payment is due (the day the LBTT return is made) is liable to a penalty (see RSTP3008). Interest will be charged on the amount of any unpaid tax from the filing date until the date it is paid (see RSTP4002).
A buyer is required to keep and preserve certain records whether or not they are required to make a LBTT return. See LBTT9001 for further guidance.